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Tribunal letter

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5 years 6 months ago #218239 by Jb
Tribunal letter was created by Jb
Hi, sorry to bother you again but i was wondering if you could explain a tribunal decision letter for me. Basically, I wrote in a week before it, to say I was not well enough to attend re PIP. I have agoraphobia in varying degrees and did not feel able to cope with the extra anxiety as I thought it may affect recent heart problems. I asked them to make a decision on paper instead.. When I telephoned on the day to check they had put it through as paper based, they had not.. (although they did receive the letter), so I reiterated I could not attend.

I phoned again after the day of the original hearing to try and find the outcome. The lady (I thought) was quite off with me and could/would not tell me whether it went ahead or not. However, i then I received a letter dated the same day I called saying that they enclosed the decision notice and it had been adjourned instead..

There was a separate piece of paper enclosed called an adjournment notice. It acknowledges my letter saying I could not attend and that basically that they didn't think there was enough evidence in the papers to make a fair and just decision. It says I claimed additional points in relation to mobility and that they cannot make a fair assessment without additional information. Therefore they had decided to adjourn to request GP records and allow me a further opportunity to attend.

Under the bit addressed to me, it says about consent needed re GP records and to complete the enclosed consent form&return (however, no such from was enclosed at all). It goes on to say that once the records are received, the appeal would be relisted for an oral hearing and that they strongly urge me to attend!

Could you tell me, when they say they strongly urge me to attend, does this mean that otherwise they will find against me re the mobility, or is this a kind of warning that any existing award could also be in jeopardy?

As I say, there was no GP consent form enclosed and I did not like the idea of strangers having access to my records (albeit they have already had a wealth of medical information on me already), especially as I have never even seen my records myself. Therefore, I put in a request to my GP to see my own records first, so I could at least see what strangers would be viewing about me.

The receptionist at my practice made a big song and dance about it and made me go back 3 days later to sign another form as they apparently gave me the wrong one the first time. This I did in the presence of the Practice Manager. They were insistent on having back the photocopy I had of the first form, which I thought was strange but I didn't have it on me to give back.

Anyway, basically I'm in a big mess now, as they never complied with my request and it is over the 21 days and out of the blue instead, I suddenly received a letter from them telling me that I am out of their 'visiting area' and am no longer registered with them! Just like that! After 22 years at the practice, 18 of them at my current address!! The letter was sent out recorded 'a week after' they wrote it giving me even less time to act, although they'd notified NHS England straightaway, as they also wrote to me, a week earlier.

My GP has always complained of admin this and admin that and it's been like getting blood out of a stone asking for any kind of supportive letter over the years. When I mistakenly took home a one page fax marked 'urgent ' for an ECG and ultrasound for heart problems (I have been very forgetful following the shock of a terrible bereavement) instead of handing it to reception, I was told to go and find it, instead of the GP having to print it out again as it would create too much extra admin. I could not find it and to this day have not had the tests..

Therefore it is quite blatantly obvious to me that the Doctor has chucked me off the list after 22 years, simply because they did not want to deal with the admin of a copy of my medical records and think that is how they could get out of it.

I checked that the boundaries have not changed with the local NHS area and I obviously now need to put in a formal complaint for all it will do, when I'm struggling with even doing everyday things but I am now in a bad position. I am both angry and upset that the people who are supposed to help you the most can treat you like that. My Doctor is well aware of my mental health, recent bereavements and the very long wait for therapy and treats me like this. I now cannot access repeat medication or test results, I cannot view or get access to my medical records.

I just don't see what I can do regarding the Tribunal. I'm thinking I should maybe just write into them and explain the situation regarding what my Doctor has done and that I have no alternative but to withdraw my appeal.

Can you think of anything else I might do? Thank you and sorry for such a long, waffly e-mail.

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5 years 6 months ago #218266 by Gordon
Replied by Gordon on topic Tribunal letter
Jb

If there was a danger to your existing award then the Judge's letter would have said so, from your post this does not appear to have happened.

By requesting your presence at a new hearing the panel is saying that they believe they can render a more accurate award than if they are forced to use only the papers it doesn't mean that you cannot receive a higher award with a Paper hearing but it is more likely that you will if you attend.

I can't comment on what is going on with your GP practice but re the request from the Tribunal, all you can do is explain what has happened, it may still be possible for the TS to get a copy if you authorise it. You don't have to do this and not doing it should not have a negative impact on your appeal but if they are asking then it is usually because they think it will help them make a Decision, you will receive a copy of what is sent.

It's your decision but based on your post I don't see any reason to withdraw your appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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